The South African Federation of Trade Unions (SAFTU) supports the objectives of regulating labour migration, protecting employment opportunities and preventing employers from exploiting migrant workers. Our support for the Employment Services Amendment Bill’s objectives does not constitute an unconditional endorsement of every provision or any quota subsequently proposed.
Our position is rooted in a fundamental principle: South African and migrant workers must not be pitted against one another while employers profit from low wages, insecurity and division.
SAFTU previously expressed support for the proposed quota approach while questioning whether government would enforce it against employers exploiting undocumented workers. That concern remains central. Legislation achieves little when the state lacks the capacity or determination to enforce it.
Employers must not be allowed to recruit vulnerable workers because they believe those workers can be underpaid, denied union representation or threatened with deportation when they demand their rights. Protecting migrant workers from exploitation also protects South African workers against the erosion of wages and conditions.
The relationship between this Bill and immigration legislation requires precision. It is incorrect to suggest that every non-citizen may work in South Africa only if they possess scarce skills. Different legal categories carry different rights and conditions. Parliament must ensure that employment regulation, work authorisation and refugee protection operate coherently.
SAFTU rejects the assumption that a single percentage can adequately reflect the skills requirements of an entire industry. Within construction, agriculture, manufacturing or hospitality, different occupations require different capabilities. Conditions also differ across regions and over time.
Any proposed quota must therefore be supported by published evidence, meaningful consultation with organised labour and safeguards against arbitrary decisions. Employers claiming a skills shortage must demonstrate genuine recruitment efforts at decent wages and conditions. An employer’s unwillingness to pay a decent wage must never be disguised as a shortage of available workers.
Skills development must form part of the solution. Training and skills-transfer commitments should identify beneficiaries, budgets, qualifications and timeframes, with measurable results. They must not become paperwork that allows employers to avoid investing in workers.
SAFTU will insist on the following safeguards:
- Funded enforcement: Sufficient trained labour inspectors, reliable verification systems and public reporting on employer compliance.
- Employer accountability: Effective penalties for unlawful recruitment, wage theft and exploitation, including abuses concealed through labour brokers and subcontractors.
- Equal labour protection: Enforcement of minimum wages, collective agreements, occupational safety and the right to organise.
- Protection for existing workers: Fair transition arrangements that prevent employers from using new quotas as a pretext for arbitrary dismissals.
- Safe access to justice: Workers must be able to report exploitation and recover unpaid wages without intimidation or retaliation.
- Transparent decisions: Any quota or exemption must have clear criteria, published reasons and regular review.
Enforcement must be undertaken by lawful, accountable public institutions. SAFTU rejects workplace invasions, racial profiling, intimidation and document checks by vigilantes or political formations. No person’s appearance, language or nationality justifies harassment.
South Africa’s unemployment crisis demands an economic programme capable of creating decent work. Migration controls cannot substitute for industrialisation, public investment, expanded public services, skills development and an end to destructive austerity. Nor can replacing one exploited worker with another be presented as progress.
Our Pan-African commitments also require cooperation to expand employment and protect workers across the region. The desperation that drives migration must be addressed alongside exploitation in destination countries.
SAFTU’s approach is therefore one of qualified support for the Bill’s objectives, with rigorous scrutiny of its mechanisms and implementation. Its final position on individual provisions must be informed by consultation with affiliates and a properly mandated parliamentary submission.
We will defend employment opportunities and decent work while opposing xenophobia and Afrophobia without compromise. Workers must unite to confront exploitation and demand an economy that serves their needs.
A statement was issued on behalf of SAFTU by the General Secretary, Zwelinzima Vavi.
For media inquiries, contact the National Spokesperson at
Newton Masuku
newtonm@saftu.org.za
0661682157
Media Officer
Asive Dyani
0719019564
